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On Tuesday, the Fifth U.S. Circuit Court of Appeals declined to remove an earlier injunction that left the President Obama immigration order in limbo with just over a year and a half before he leaves office.  The president’s top domestic policy adviser said she suspects the U.S. Supreme Court would have the final say on the fate of President Obama immigration order to defer deportations for millions of undocumented immigrants.  The president’s plan, announced last year, would allow more than four million people in the country illegally to apply for deferred deportation and work authorizations, among other benefits.

The White House is encountering legal roadblocks on Obama immigration order after two recent Supreme Court victories on same-sex marriage and healthcare, which gave the president a jolt of momentum late in his second term.

With just 12 months left in Obama’s presidency, the court battle has put the Obama immigration order in peril. Experts believe the case will eventually end up before the Supreme Court, which could rule on the case as late as June 2016.

After Congress failed to pass a sweeping immigration overhaul last year, Obama immigration order in November 2014 announced benefits for certain immigrants who are parents of U.S. citizens or legal resident children to apply for deportation reprieves and work permits.

Obama immigration order also expanded a 2012 program, known as Deferred Action for Childhood Arrivals (DACA), providing similar relief to immigrants brought to the U.S. as children. Obama immigration order, if fully enacted, could affect as many as 5 million undocumented immigrants.

The White House has steadfastly maintained that the president acted within the law by using “prosecutorial discretion” to exempt noncriminal immigrants from deportation. They also say the states ignored economic benefits, such as added tax revenue that would result from Obama immigration order.

For more information on President Obama immigration order, email Gail@GailLaw.com or call 1-877-GAIL-LAW or 407-292-7730.

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